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(영문) 수원지방법원 2017.07.20 2016가단531375
배당이의
Text

1. Of the distribution schedule prepared by the same court on August 19, 2016 with respect to the case of request for voluntary auction of real estate B by the Suwon District Court.

Reasons

1. Facts of recognition;

A. The Suwon District Court B filed an application for the auction of real estate rent with respect to the apartment in the indication of the attached real estate (hereinafter “the apartment of this case”).

(hereinafter referred to as “instant auction procedure”). B.

As to C, the debtor and owner of the auction procedure of this case, the Plaintiff holds approximately KRW 280,000,000 and damages for delay.

C. On August 10, 2014, the Defendant alleged that he concluded a lease contract with a deposit of KRW 20,000 (hereinafter “instant lease contract”) on one of the instant apartment complexes, and rendered a demand for distribution of the said deposit of KRW 20,000,000, in the instant auction procedure.

On August 19, 2016, in the instant auction procedure, the Defendant distributed KRW 20,00 to the Defendant with the first priority order as a small lessee, and the Plaintiff (B).

The distribution schedule, which distributes 61,390,064 won (hereinafter referred to as “instant distribution schedule”) was prepared in the fourth order from the date of the claim for the amount of money received under this subsection.

E. On the date of distribution of the instant auction procedure, the Plaintiff raised an objection to the entire amount of dividends against the Defendant out of the instant distribution schedule.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3, 6 and 7, the purport of the whole pleadings

2. The Plaintiff’s assertion that the instant lease agreement entered into with C is false, so the amount of dividend of KRW 20,000 against the Defendant should be deleted, and all of them should be distributed to the Plaintiff.

3. In full view of the facts acknowledged prior to the determination and the following circumstances acknowledged by the aforementioned evidence, the instant lease agreement is recognized as false.

Therefore, the instant lease agreement is null and void as a false declaration of conspiracy. Therefore, the amount of 20,000 won for the Defendant during the instant dividend table and the amount of 61,390,064 won for the Plaintiff should be revised to KRW 81,390,064.

① The instant lease agreement is for one room among the instant apartment buildings in C.

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